Introduction

In the Philippines, the legal landscape surrounding inheritance is primarily governed by the Civil Code of the Philippines (Republic Act No. 386), as amended, and the Family Code of the Philippines (Executive Order No. 209). These laws establish a framework that prioritizes familial relationships, particularly those formalized through marriage, in matters of succession. Unmarried partners, often referred to as common-law spouses or cohabitees, occupy a precarious position within this system. Unlike legally married spouses, they do not automatically enjoy inheritance rights under intestate succession rules. Instead, their ability to inherit depends largely on the presence of a valid will or specific property arrangements made during the cohabitation period.

This article explores the full scope of inheritance rights—or the lack thereof—for unmarried partners in the Philippine context. It delves into the distinctions between intestate and testate succession, the impact of property regimes under the Family Code, potential limitations imposed by legitime rules, and practical considerations for protecting interests in such relationships. While Philippine law recognizes the reality of cohabitation, it does not equate it to marriage for inheritance purposes, reflecting a cultural and legal emphasis on legitimate family ties.

Legal Framework Governing Inheritance and Cohabitation

The Civil Code outlines the general principles of succession, defining it as the transmission of rights and obligations from the deceased to heirs or legatees/devisees. Succession can be testate (with a will) or intestate (without a will). Key provisions include Articles 774 to 1105, which cover heirship, wills, and distribution of estates.

For unmarried partners, the Family Code is equally critical. Enacted in 1987, it repealed certain provisions of the Civil Code related to property relations in cohabitation. Articles 147 and 148 of the Family Code address property regimes for couples living together as husband and wife without a valid marriage or under a void marriage:

Article 147 applies when the cohabitants are capacitated to marry each other (i.e., no legal impediments) and live exclusively together. In such cases, properties acquired during cohabitation are considered co-owned in equal shares, akin to absolute community of property, unless otherwise agreed. Wages, salaries, and fruits of separate properties are also co-owned.
Article 148 governs situations where at least one partner has a legal impediment to marriage (e.g., one is already married) or where they do not live exclusively (e.g., one has other relationships). Here, co-ownership is limited to properties acquired through actual joint contribution of money, property, or industry, with shares proportional to contributions. Proof of contribution is required, and there is no presumption of equality.

These property regimes primarily deal with division upon separation or death but do not confer automatic inheritance rights. Upon the death of one partner, the surviving unmarried partner may claim ownership or shares in co-owned properties, but this is distinct from inheriting the deceased's separate estate through succession laws.

Additionally, the Revised Penal Code and other laws may indirectly influence inheritance, such as provisions on concubinage (Article 334) or adultery (Article 333), which could affect the validity of bequests if challenged on moral grounds.

Intestate Succession: No Automatic Rights for Unmarried Partners

In the absence of a will, intestate succession follows a strict order of preference under Articles 978 to 1014 of the Civil Code. The estate is distributed to compulsory heirs, who are entitled to a legitime—a portion that cannot be freely disposed of by the testator.

The order of intestate heirs is as follows:

Legitimate children and descendants.
Legitimate parents and ascendants (if no children).
Illegitimate children (sharing with legitimate ones, but with reduced shares).
Surviving spouse (if married).
Collateral relatives (siblings, nephews/nieces, etc., up to the fifth degree).
The State, if no heirs.

Notably, unmarried partners are not included in this hierarchy. The "surviving spouse" refers exclusively to a legally married partner, as defined under the Family Code. Courts have consistently ruled that cohabitation, no matter how long, does not create a spousal relationship for inheritance purposes. For instance, in cases like Valdez v. Republic (G.R. No. 180863, 2009), the Supreme Court emphasized that marriage must be valid and subsisting for spousal rights to apply.

As a result, an unmarried partner cannot claim any portion of the deceased's estate through intestacy. However, they may retain rights to co-owned properties under Articles 147 or 148. For example:

Under Article 147, the surviving partner owns half of co-owned properties outright, and the deceased's half goes to their intestate heirs.
Under Article 148, the survivor must prove their contribution to claim a share, with the remainder passing to heirs.

If the deceased has no other heirs, the estate escheats to the State, but the unmarried partner still has no claim unless they can establish ownership through other means, such as donation or purchase.

Testate Succession: Inheritance via Will

Unmarried partners can inherit if explicitly named in a valid will, as per Articles 783 to 871 of the Civil Code. Philippine law allows testators to dispose of the "free portion" of their estate (the part not reserved as legitime) to anyone, including non-relatives or unmarried partners.

Legitime Restrictions: Compulsory heirs (children, parents, spouse) are entitled to at least half of the estate (or more, depending on the number of heirs). Any bequest to an unmarried partner cannot encroach on this legitime; otherwise, it may be reduced or annulled through court action (Article 872). For example, if the deceased has legitimate children, they receive at least half, leaving the free portion for others.
Forms of Wills: Wills can be notarial (witnessed and notarized) or holographic (handwritten by the testator). A bequest to an unmarried partner must comply with formalities to be valid. Holographic wills require full handwriting, date, and signature; notarial wills need three witnesses and acknowledgment.
Potential Challenges: Bequests to unmarried partners may face contests on grounds of undue influence, incapacity, or public policy. If the relationship involves adultery or concubinage, heirs might argue the bequest is void under Article 739, which prohibits donations between persons guilty of such offenses. However, jurisprudence is mixed; in Arcaba v. Batocael (G.R. No. 146683, 2001), the Court upheld a donation despite cohabitation, focusing on proof of guilt.
Instituting as Heir or Legatee: The testator can name the partner as a universal heir (inheriting the entire free portion) or specific legatee/devisee (e.g., a house or sum of money). Substitutions or conditions can be added, but they must not be impossible or contrary to law.

Even in testate succession, if the will is invalid or fails to cover the entire estate, intestate rules apply to the uncovered portion, excluding the unmarried partner.

Property Rights During Cohabitation and Their Impact on Inheritance

While not direct inheritance, property arrangements under the Family Code can simulate inheritance-like benefits:

Co-Ownership and Division: Upon death, co-owned properties are divided. The survivor keeps their share, and the deceased's share goes to heirs. This can include real estate, bank accounts, or businesses acquired jointly.
Insurance and Benefits: If the unmarried partner is designated as beneficiary in life insurance policies or retirement plans (e.g., SSS or GSIS), they may receive proceeds outside of the estate, bypassing inheritance taxes and rules.
Donations Inter Vivos: Gifts made during the relationship are irrevocable and form part of the recipient's separate property, not subject to succession.
Joint Accounts and Titles: Properties titled jointly ensure survivorship rights, where the survivor automatically owns the whole upon death, similar to joint tenancy.

However, these must be documented properly. Without proof, courts may presume properties belong to the deceased, especially if acquired in their name.

Tax implications under the Tax Code (Republic Act No. 8424, as amended) apply: Estate taxes (6% on net estate over P5 million) must be paid before distribution, potentially burdening the unmarried partner if they inherit.

Challenges and Practical Considerations

Unmarried partners face several hurdles:

Proof of Relationship: Courts require evidence of exclusive cohabitation for Article 147 benefits. Witnesses, joint documents, or affidavits help.
Disputes with Heirs: Family members often challenge claims, leading to litigation. Cases like Mallilin v. Jamesolamin (G.R. No. 192685, 2015) highlight the need for clear evidence of contributions under Article 148.
Cultural and Social Factors: Philippine society, influenced by Catholic values, may view cohabitation unfavorably, affecting judicial sympathy.
Protective Measures: To safeguard interests, partners should:
- Execute mutual wills naming each other.
- Enter into cohabitation agreements stipulating property division.
- Use trusts or corporations for asset management.
- Designate each other in insurance and pension plans.
- Consider marriage to gain full spousal rights.

Recent developments, such as proposed bills for recognizing domestic partnerships, have not yet amended the law, leaving the status quo intact.

Conclusion

In summary, unmarried partners in the Philippines have no automatic inheritance rights under intestate succession and can only inherit through a will, subject to legitime protections for compulsory heirs. Property regimes under the Family Code provide some relief for co-owned assets, but these are not substitutes for true succession rights. The legal system underscores the importance of formal marriage, encouraging couples to plan ahead through wills, agreements, and designations to avoid disenfranchisement. Understanding these nuances is essential for navigating the complexities of Philippine inheritance law in non-marital relationships.